Author: altiorlaw

Declarations Allowed to Replace Affidavits (on a Limited Basis) in Michigan State Courts

By Matt Smith Amidst the September 1, 2018 e-filing uniformity revisions to MCR 1.109, the Michigan Supreme Court inched a bit closer to providing Michigan state court litigators a tool previously reserved for federal practice – the unsworn, un-notarized declaration.  For those unfamiliar with this creature of federal statute, please check out the prior post here:...

Neuman Anderson Grieco McKenney Sponsors Wayne County Business Court Bench-Bar Conference

Neuman Anderson Grieco McKenney was proud to again sponsor the Detroit Bar Association’s Wayne County Business Court Bench Bar Conference.  Once again Leif Anderson worked with Judge Brian Sullivan to coordinate this year’s conference.  Over 130 lawyers attended the October 26 presentation at the City-County Building, where the Wayne County Business Court’s three judges (the Hon. Brian...

Neuman Anderson Grieco McKenney Obtains Dismissal of $50 Million Lawsuit Against The Israelite House of David

The Israelite House of David (“IHOD”) is a religious association located in Benton Harbor, Michigan.  An excommunicated member (Charles Ferrel) sued IHOD seeking reinstatement of his membership and control over the association and its assets, which he claimed to be worth more than $50 million dollars.  Ferrel claimed he was the only “true believer” in IHOD’s religion and the only way to “save”...

Business/Commercial Litigation Section Presents “Understanding Financials – Where are the Skeletons Buried?” to Wayne County Circuit Court Judges and Staff

On March 22, 2018 the Detroit Bar Association’s Business/Commercial Litigation Section conducted a presentation for the Wayne County Circuit Court Judges and Staff of “Understanding Financials – Where are the Skeletons Buried?”  The presenters were Kenneth F. Neuman, Esq., CPA and Leif K. Anderson, Esq.* of Neuman Anderson Grieco & McKenney, P.C. and Bruce Knapp, CPA, ABV, CFF, CVA, CFE...

ARE BIG CHANGES COMING TO HOW MICHIGAN’S STATE COURTS CONDUCT DISCOVERY?

In the fall of 2017, a special committee convened by the State Bar of Michigan released a report and draft of proposed rule changes to the Michigan Court Rules regarding discovery in civil actions. The Committee was asked: “In light of the issues surrounding discovery in civil litigation, should the Michigan Court Rules be revised and how?”  The Committee’s response was that the Michigan Court...

“WELL, I DECLARE!” – OF AFFIDAVITS AND DECLARATIONS

Attorneys often find themselves in need of an affidavit or sworn testimony on a particular issue. For litigators, this commonly occurs with dispositive motions, motions seeking an injunction or other matters for which our clients bear a burden of proof.  Obtaining an affidavit presents its own challenges, as under Michigan law the person signing the affidavit must be sworn and the signature...

Legal Malpractice and the Statute of Repose – Clarification That the New Statute Applies Retroactively

In January 2013, the Michigan Legislature enacted a six year statute of repose for all claims of legal malpractice. MCL 600.5838b. A statute of repose works together with a statute of limitations to operate as an ultimate time limitation on when a claim may be brought. In legal malpractice actions, the statute of limitations is two years from the date the attorney discontinues serving the...

Business/Commercial Litigation Section Meeting

On November 9, 2017, the Business/Commercial Litigation Section of the Detroit Bar Association held its quarterly meeting at the law offices of Neuman, Anderson, Grieco, McKenney, P.C., 401 S. Old Woodward, Ste. 460, Birmingham, MI 48009. The section discussed its mission statement, a co-chair for the section, committees and began planning its next events – including a panel discussion of...